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Bombay High CourtWP/4535/2018others disposed off

Karimullah Osan Khan@Karimullah Hussain Habib Shaikh v. The State Of Maharashtra And ORS.

2018-12-11Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice A.S. Oka2 pages

crwp4535.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELATE JURISDICTION WRIT PETITION NO.4535 OF 2018 Karimullah Osan Khan @ Karimullah Hussain Habib Shaikh C-11354

...Petitioner

vs.

The State of Maharashtra and others

...Respondents

Ms Farhana Shah for the Petitioner Ms P.P.Shinde, APP for the respondent-State CORAM : A.S.OKA, & SANDEEP K. SHINDE, JJ.

DATE : DECEMBER 11, 2018 P.C.:

Heard the learned counsel for the petitioner and the learned APP for the respondents. The petitioner applied for death parole as his wife died on 28th December 2017. The challenge in this petition is to the order by which the said application was rejected.

With the passage of time, the ground on which parole was sought does not survive. The learned counsel for the petitioner on instructions states that a fresh application has been made by the petitioner for grant of parole on the ground that certain religious ceremonies have to be performed on the first death anniversary of the wife of the petitioner and that the said application is pending.

crwp4535.doc We, therefore, direct that if any such fresh application is pending with the Superintendent of Nashik Road Central Prison, the same shall be disposed of as expeditiously as possible and in any event, within a period of one week from today. Writ petition is disposed of on above terms.

Parties concerned to act upon an authenticated copy of this order.

(SANDEEP K.SHINDE,J.) (A.S.OKA,J.)